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THE ARTICLES OF CONFEDERATION 

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Oder's ... ^ X-, 

RE-ARRANGED FOR CLASS STUDY 


FREDERICK A. CLEVELAND, 

FELLOW OF POLITICAL SCIENCE, THE UNIVERSITY OF CHICAGO 



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BENJ. H. SANBORN & CO. 

BOSTON, U. S. A. 









41266 


Copyrighted, 18*/), 

By FREDERICK A. CLEVELAND. 


TTbx ©ua&rangle preae, Chicago. 










INTRODUCTION 


Prior to the War of the Revolution the Military Government and 
the Central Civil Authority had been exercised by the King and Par¬ 
liament of Great Britain. The chief administrative andjudicial offi¬ 
cers residing within the colonies were also appointees of the crown. 
Hostilities beginning, the whole institutional system was disrupted. 
The colonists at once found themselves under the necessity of reor¬ 
ganizing their government and of carrying on a military struggle 
which required all of their united efforts to sustain. For State gov¬ 
ernments they at first organized Committees of Safety and other 
temporary devices; these later gave way to more adequate institu¬ 
tions. The States, however, recognizing the necessity of co-opera¬ 
tion, left many sovereign functions to be performed by a central au¬ 
thority. This central authority was at first a “Continental Congress.’’ 
In 1774, when the relations between the colonies and the mother 
country were strained almost to breaking, delegates were appointed 
by the several colonies for the purpose of consultation and of nego¬ 
tiating an amicable settlement. The negotiations proved futile; but 
the first Congress was an important step in paving the way for uni¬ 
ted action. Hostilities began in 1775. The second Congress met 
as a governing body. The Articles of Confederation were not form¬ 
ally adopted until March 1, 1781, during the session of the seventh #■ 
Continental Congress. The functions of central government to this 
time had been exercised under an unwritten Constitution. The 
plan of organization was very similar to that proposed by Franklin 
in July, 1776. It appointed a Commander-in-Chief of the Army, a 
"War Board, a Secretary of Foreign Affairs, a Superintendent of 
Finance, a Postmaster-General, an Official Geographer, and such 
committees as from time to time seemed expedient; it organized a 
court, prescribed oaths of office and allegiance, adopted a national 
flag and great seal; it declared the independence of the colonies,raised 
armies and appointed officers for the same,declared war,exercised the 
supreme direction of the land an naval forces, commissioned armed 
vessels,authorized privateering,granted letters of marque and reprisal, 
and established a military hospital; >t, by declaration,opened the ports 
of the several colonies to all nations, appointed ministers and 
ambassadors, received foreign embassies, carried on foreign ne¬ 
gotiations, made treaties of peace.and alliance; it received cessions 
of territory, negotiated loans, issued bills of credit, provided a cur¬ 
rency,and performed other sovereign acts. The Articles of Confedera¬ 
tion were finally adopted about seven months before Cornwallis’ sur¬ 
render . y^Their adoption effected little or no change in the powers 
and strength of the central government. Before this time it had ex¬ 
ercised its powers under an unwritten constitution by agreement and 
common consent. The Articles made certain the grants, defined the 
powers which might legally be exercised. The most important acts 
of the seven Congresses which met after their adoption were: The 




INTRODUCTION 


establishment of the Bank of North America; the negotiation and 
ratification of a treaty securing peace and independence; the proc¬ 
lamation of a cessation of hostilities; the disbanding of the army; 
the organization of government in the Northwest Territory, and 
the earnest but futile efforts made to secure a revenue. fHad the cen¬ 
tral government been given the exclusive right to collect customs, or 
had any adequate provisions been made for an independent and 
sufficient revenue, it is probable that it would have been a practical 
working organization which might have served the people in time of 
peace. It would have resembled in many respects the present gov¬ 
ernment of Switzerland. But the people had just broken from under 
the authority of a central government which had been arbitrary in 
its exercise of powers. Every American from Massachusetts to 
Georgia had reason to dread the encroachments of such an organiza¬ 
tion. The two chief instruments of tyranny had been the military 
and the taxing powers. The central government, as organized in the 
Continental Congress and subsequently given definite form in the 
Articles of Confederation, therefore, was left without power of obtain¬ 
ing either men or money except through the State governments. In 
time of war, when united action was necessarv to self preservation, 
the States had responded to the requisitions of Congress with more or 
less readiness. But with the public danger removed, without power 
to supply its fiscal needs with promptness or certainty, incumbered 
by debt and without credit, the central government of the United 
States found itself impotent to perform its functions. Years of lan¬ 
guishing weakness, and the continuing necessity for mutual co-oper¬ 
ation in maintaining the advantages gained in the struggle for lib¬ 
erty finally impressed the people with the necessity for reorganiza¬ 
tion. The formation and ratification of the Constitution of the 
United States was the result. 

The Articles of Confederation, to be appreciated, must be consid¬ 
ered historically. They formed a natural step in the historical pro¬ 
cess by which the American people emerged from a colonial stage 
and came to be an independent federal nation. Like the first State 
government, the new central government, framed in time of public 
emergency, and when every force *was being used to break down 
the authority of an arbitrary existing central government,had to un¬ 
dergo changes before experience and peace conditions could evolve 
an institution that could serve the general welfare. The Articles of 
Confederation, reflecting one of the steps in the evolution of federal, 
constitutional government, is an important political document. 

F. A. C. 


ARTICLES OF CONFEDERATION AND PERPETUAL UNION. 


ARTICLE I. 

THE FEDERAL STATE. 

COMPOSITION. 

The parties to this Confederation are: The States 
of New Hampshire, Massachusetts Bay, Rhode 
Island and Providence Plantations, Connecticut, 

New York, New Jersey, Pennsylvania, Delaware, 

Maryland, Virginia, North Carolina, South Carolina, 
and Georgia. 

9 NAME. 

Section i. The style of this Confederacy shall Art. i. 
be, “The United States of America.” 

BILL OF RIGHTS. 

Section 2 . “The United States, in Congress as- Titles of Nobility 
sembled,” [shall not] grant any title of nobility. Art. iv, c. 1 . 

ARTICLE 11. 

THE FEDERAL GOVERNMENT. 

MILITARY GOVERNMENT. 

Organization and Powers. 

Military Powers of “ The United Slates in Congress Assembled.” 

Section 1 . “The United States, in Congress as¬ 
sembled,” shall have the sole and exclusive right and 
power [of directing the operations of the land and 
naval forces in the service of the United States]. 

Section 2 . The United States, in Congress assem¬ 
bled, shall have authority:— 

1. To build and equip a navy; 

2. To agree upon the number of land forces, and 
to make requisitions from each State for its quota, 
in proportion to the number of white inhabitants in 
such State which requisition shall be binding. 

Section 3 . “The United States,in Congress assem¬ 
bled,” shall also have the sole and exclusive right 
and power:— 


Head of Military 
Government. 

Art. IX, c. 4. 


Navy. 

Art. IX, c. 5. 

Army. 
Art. IX, c. 5. 


( 3 ) 



4 


ARTICLES OF CONFEDERATION 


Ap’t’nt of Officers. 

of the Army. 
Art. IX, c. 4. 

of the Navy. 
Art. IX, c. 4. 

Commissions. 

. Art. IX, c. 4. 

Declarat’n of War. 

Art. IX, c. 4. 

Regulation of 
Forces. 

Art. IX, c. 4. 

Military Courts. 

Art. IX, c. 4. 

% 

" % 

Letters of Marque. 

Art. IX, c. 1. 


Raising and Equip-* 
ping Troops. 

Art. IX, c. 4. 


1. [of] appointing all officers of the land forces 
in the service of the United States, excepting regi¬ 
mental officers; 

2 . [of] appointing all the officers of the naval 
forces; ^ 

3 . [of] commissioning all officers whatever in 
the service of the United States; 

4 . of determining on peace and war, except in 
the cases mentioned in [section sixteen of the third] 
Article; 

5 . [of] making rules for the government and 
regulation of the said land and naval forces; 

6 . of establishing rules for deciding, in all cases, 
what captures on land and water shall bejegal, and 
in what manner prizes taken by land or naval forces 
in the service of the United States shall be divided 
or appropriated; 

7 . of granting letters of marque and reprisal in 
times of peace. 

Military Power of the States—as a part of the Federal Government. 

Section 4 . [Upon requisition being made 
for land forces from the several states], the Legis¬ 
lature of each State shall appoint the regimental 
officers, raise the men, and clothe, arm, and equip 
them in a soldier-like manner, at the expense of the 
United States; and the officers and men so clothed, 
armed, and equipped shall march to the place ap¬ 
pointed, and within the time agreed on by “the 
United States, in Congress assembled;” but if the 
United States, in Congress assembled, shall, on con¬ 
sideration of circumstances, judge proper that any 
State should not raise men, or should raise a smaller 
number than its quota, and that any other State 
should raise a greater number of men than the 
quota thereof, such extra number shall be raised, 
officered, clothed, armed, and equipped in the same 
manner as the quota of such State, unless the Leg¬ 
islature of such State shall judge that such extra 
number cannot be safely spared out of the same, in 
which case they shall raise, officer, clothe, arm, and 
equip as many of such extra number as they judge 
can be safely spared, and the officers and men so 


AND PERPETUAL UNION 


5 


clothed, armed, and equipped shall march to the 
place appointed, and within the time agreed on by 
“the United States, in Congress assembled/’ 

Section 5 . Every State shall always keep up a 
well-regulated and disciplined militia, sufficiently 
armed and accoutred, and shall provide and con¬ 
stantly have ready for use in public stores a due 
number of field-pieces and tents, and a proper 
quantity of arms, ammunition, and camp equipage. 


The Militia, 

Art. VI, c. 4. 



CIVIL GOVERNMENT. 

Structure and Procedure. 

Of the Legislature . 

Section 6 . [The legislative and chief governing 
body of the Confederation is herein known as “The 
United States, in Congress assembled,” to be 
composed of not less than two nor more than seven 
delegates from each of the states confederated.] 

Sectoin 7 . [“ The United States, in Congress as¬ 

sembled”] shall publish the journal of their pro¬ 
ceedings monthly, except such parts thereof relat¬ 
ing to treaties, alliances, or military operations as 
in their judgment require secrecy; and the yeas and 
nays of the delegates of each State, on any ques¬ 
tion, shall be entered on the journal when it is de¬ 
sired by any delegate. 

Section 8 . [“The United States, in Congress as¬ 
sembled” may] adjourn to anytime within the year, 
and to any place within the United States, so that 
no period of adjournment be for a longer duration 
than the space of six months. 

Section 9 . In determining questions in “the Uni- 
ed States in Congress assembled,” each State shall 
have one vote. 

Section 10 . “ The United States, in Congress as¬ 

sembled,” shall never engage in a war, nor grant let¬ 
ters of marque and reprisal in time of peace, nor 
enter into any treaties or alliances, nor coin money, 
nor regulate the value thereof, nor ascertain the 
sums and expenses necessary for the defense and 
welfare of the United States, or any of them, nor 
emit bills, nor borrow money on the credit of the 


Name and Organ!* 
zation. 

Art. V. 


Rules of Proced¬ 
ure:— 


Keeping Recordsfr—- 
Art. IX, c. 7. 


Adjournment. 
Art. IX, c. 7. 


U>\ 


Voting. 
Art. V. 


Votes Necessary to 
Pass Measure. 


Art. IX, c. 



6 


ARTICLES OF CONFEDERATION 


United States, nor appropriate money, nor agree 
upon the number of vessels of war to be built or 
purchased, or the number of land or sea forces to 
be raised, nor appoint a commander-in-chief of the 
army and navy, unless nine States assent to the 
same, nor shall a question on any other point, ex¬ 
cept for adjourning from day to day, be determined, 
unless by the votes of a majority of the United 
States, in Congress assembled. 

Structure and Procedure of the Administration. 

Organization. Section ii. [The government of the United States 
Head of - Adminis - IS to b e administered by “ The United States, in Con- 
tration. gress assembled,” or in their recess, by “ A Corn- 
Art. ix, c. 5. m ittee of the States,” which consists of one delegate 
from each State, and such other committees and 
lnf Depa?tmen r tlf nd civil officers as maybe necessary for the manage- 
Art.-ix, c. 5. me nt of the general affairs of the United States un¬ 
der their direction, and Congress shall appoint 
one of their number to preside.] 

states as Part of Section 12. [The several States shall be the au- 
the A t£n? i8tra= thorized agents of the United States for laying and 
Art. vm. levying the taxes which are apportioned to the sev¬ 
eral States by “ The United States, in Congress as¬ 
sembled,” and which shall be laid and levied by the 
authority and direction of tne legislature of the 
several States, for defraying the expense of the com¬ 
mon treasury.] 

Structure and -procedure of the Judiciary. 

ofp/ra^ Etc 1 Section ij. [Courts may be established] for the 
Art. ix, c. i. trial of piracies and felonies committed on the high 
seas; and * * * for receiving and determining 

finally appeals in all cases of captures, 
interstate Court. Section if. “The United States, in Congress assem- 
ah.ix, c. 2. bled,” shall also be the last resort on appeal in all 
disputes and differences now subsisting, or that 
hereafter may arise between two or more States con¬ 
cerning boundary, jurisdiction, or any other cause 
whatever; which authority shall always be exercised 
in the manner following: Whenever the legislative 
or executive authority, or lawful agent of any State 
in controversy with another, shall present a petition 


AND PERPETUAL UNION 


7 


to congress, stating the matter in question, and 
praying for a hearing, notice thereof shall be given 
by order of congress to the legislature or executive 
authority of the other State in controversy, and a day 
assigned for the appearance of the parties by their 
lawful agents, who shall then be directed to appoint, 
by joint consent, commissioners or judges to consti¬ 
tute a court for hearing and determining the matter 
in question; but if they cannot agree, congress shall 
name three persons out of each of the United States, 
and from the list of such persons each party shall 
alternately strike out one, the petitioners beginning, 
until the number shall be reduced to thirteen; and 
from that number not less than seven nor more than 
nine names, as congress shall direct, shall, in the 
presence of congress, be drawn out by lot; and the 
persons whose names shall be so drawn, or any five 
of them, shall be commissioners or judges, to hear 
and finally determine the controversy, so always as 
a major part of the judges who shall hear the cause 
shall agree in the determination; and if either party 
shall neglect to attend at the day appointed, without 
showing reasons which congress shall judge suffi¬ 
cient, or being present, shall refuse to strike, the 
congress shajl proceed to nominate three persons 
out of each State, and the secretary of congress 
shall strike in behalf of such party absent or refusing. 

Governing Agents. 


Qualifications of Officers. 

Section 15. No person shall be capable of being 
a delegate for more than three years in any term of 
six years. 

Section 16. No person [shall] be allowed to serve 
in the office of president more than one year in 
any term of three years. 

Section iy. No member of congress shall be ap¬ 
pointed a judge of any of the said courts. 


Delegates. 

Art. V, c. 2. 


President. 

Art. IX, c. 5. 


Judges. 

Art. IX, c. 2 


Choice of Officers. 

Section 18. Delegates shall be annually appointed 
in such manner as the Legislature of each 
shall direct. 


Appointment. 


State by the State Legis¬ 
latures. 

Art. V, c. t. 


8 


ARTICLES OF CONFEDERATION 


Art C ix g c eS 5* Section 19. [All other civil officers of the United 
States are to be appointed by “The United States, 
in Congress Assembled”]. 


Installation of Officers. 


Judges of the in- Section 20. Every commissioner, before he sits in 

terstate Courts. . 1111 1 , ’ . . 

Art. ix, c. 2. judgment, shall take an oath, to be administered by 
one of the judges of the supreme or superior court 
of the State where the cause shall be tried, “well 
and truly to hear and determine the matter in ques¬ 
tion, according to the best of his judgment, without 
favor, affection, or hope of reward.” 

Eights of Officers. 


Delegates Section 21. [The term of office of a delegate shall 
term. be one year, subject, however, to recall by the State 
Art. v, c. 1. appointing]. 

salary. Section 22. Each State shall maintain its own dele- 

r ' ,c ‘ ’ gates in any meeting of the States and while they 
act as members of the Committee of the States. 

Personal Privileges Section 23. Freedom of speech and debate in 
/C ’ congress shall not be impeached or questioned in 

any court or place out of congress; and the mem- ( 
bers of congress shall be protected in their persons 
from arrests and imprisonment during the time of 
their going to and from, and attendance on, con¬ 
gress, except for treason, felony, or breach of the 
peace. 

Disabilities of • Officers. 


Delegates: 

Art. V. 


General 

Art. VI, c. 1. 


Section 24 . [No] person, being a delegate, [shall] 
be capable of holding any office under the United 
States for which he, or another for his benefit, re¬ 
ceives any salary, fees, or emolument of any kind. 

Section 25. [No] person holding any office of 
profit or trust under the United States, [shall] ac¬ 
cept of any present, emolument, office, or title of 
any kind whatever from any king, prince, or foreign 
state. 


Powers and Duties of Government. 

Congress . 

Section 26. “ The United States, in Congress’ as- 


Foreign Relations: 


AND PERPETUAL UNION 


9 


sembled,” shall have the sole and exclusive right 
andpower:— 

1. of sending- and receiving ambassadors; 

2. entering into treaties and alliances; [“ but the 
United States, in Congress assembled,” may give Treaties and aih- 
their consent for a State to send an] embassy to, or 
receive [an] embassy from, or enter into [a] con¬ 
ference, agreement or treaty, with any king, prince, 
or state. 


Ambassadors, 
Art. IX, c. 1. 


ances. 
Art. IX, c. 1. 


(For the Military Powers, see title, “The Military Govern- Military 
ment.”) 

Section 27. “The United States, in Congress as- structure and 
sembled,” shall have the sole and exclusive right Pr ocedu re, 
and power:— 

1. [of adjourning from time to time and of fixing Ti o f \°gistetu e re ng 
the time and place of its own meetings, subject to Art. ix, c . 7 . 
such restrictions as are herein above imposed;] 

2. [of appointing] a committee, to sit in the re- Ap offi"e^ e — tof 

cess of congress, to be denominated “A Committee —— 

of the States,” and to consist of one delegate from ^t'.'ix^clT’ 
each State, and to appoint such other committees 
and civil oncers as may be necessary for managing 
the general affairs of the United States under their 
direction; to appoint one of their number to pre¬ 
side; 

3. of appointing courts for the trial of piracies judicial, 
and felonies committed on the high seas; and estab- Art * IX ’ C ’ L 
lishing courts for receiving and determining finally 

appeals in all cases of capture; 

4. [of naming the persons, three from each State, Art. ix, c. 2. 
from a list of whom the judges for the Interstate 

Court shall be drawn.] 

Section 28. “The United States, in Congress Finance: 
assembled,” shall have authority: 

1. To ascertain the necessary sums of money to Apportionment o£ 

be raised for the service of the United States. Art. ix, c. 5. 

2. To appropriate and apply the samp for de- Appropriation, 

fraying the public expenses. Art ‘ IX : c> 5 ' 

3. To borrow money or emit bills on the credit ^TixT^ 
of the United States, transmitting every half year to 

the respective States an account of the sums of 
money so borrowed or emitted. 

4. All charges of war, and all other expenses that 


10 


ARTICLES OF CONFEDERATION 


War Expense 


ixpe 

Art. VIII 


Economic Inter= 

ests: 


Commerce. 
Art. IX, c. 5. 


Money. 
Art. IX, c. 5. 


Weights 
ArC-DCrL. 5. 


Communication. 
Art. IX, c. 5. 


shall be incurred for the co mmon defense, or gen¬ 
eral welfare, and allowed by “the' United States, in 
'UOTigress assembled,” shall be defrayed out of a com¬ 
mon treasury which shall be supplied by the several 
States in proportion to the value of all land within 
each State as estimated according to such mode as 
“the United States in Congress assembled” shall, from 
time to time, direct and appoint. 

Section 2<p. “The United States, in Congress as¬ 
sembled,” shall have the sole and exclusive right 
and power: 

1. [of] regulating the trade and managing all 
affairs with the Indians, not members of any of the 
States; provided that the legislative right of any 
State, within its own limits, be not infringed or 
violated. 

2. of regulating the alloy and value of coin 
struck by their own authority, or by that of the 
respective States. 

3. [of] fixing the standard of weights and meas¬ 
ures throughout the United States. 

4. [of] establishing and regulating post-offices 
from one State to another, throughout all the United 
States, and exacting such postage on the papers 
passing through the same as may be requisite to de¬ 
fray the expenses of the said office. 

Power 8 and Duties of the Administration. 


The < g > t ™™ lttee of Section jo. The Committee of the States, or any 
Art. x. nine of them, shall be authorized to execute in the 
recess of congress, such of the powers of congress 
as “the United States, in Congress assembled,” by 
the consent of nine States, shall, from time to time, 
think expedient to vest them with; provided that no 
power be delegated to the said Committee, for the 
exercise of which, by the Articles of Confederation, 
the voice* of nine States in the congress of the 
United States assembled is requisite. 

Section ji. [The funds for the common treasury] 
The states shall be supplied by the several States in proportion 
(as a part of ’the to the value of all land within each State, granted to, 
Art?* viii 1 c°i.^ or surveyed for, any person, as such land and the 
buildings and improvements thereon shall be esti- 




AND PERPETUAL UNION 


I 


mated, according to such mode as the “United States, 
in Congress assembled,” shall, from time to time, 
direct and appoint. The taxes for paying that pro¬ 
portion shall be laid and levied by the authoiity and 
direction of the Legislature of the several States, 
within the time agreed upon by “the United States, 
in Congress” assembled. 


Powers and Duties of the Judiciary. 

Section 32. The judgment and sentence of the interstate Court- 
[Interstate Court] to be appointed in the manner Art. ix, c . a. 
before prescribed, shall be final and conclusive; and 
if any of the parties shall refuse to submit to the 
authority of such court, or to appear or defend their 
claim or cause, the court shall nevertheless proceed 
to pronounce sentence or judgment, which shall in 
like manner be final and decisive; the judgment or 
sentence and other proceedings being in either case 
transmitted to congress, and lodged among the acts 
of congress for the security of the parties concerned. 

All controversies concerning the private right of 
soil claimed under the different grants of two or 
more States, whose jurisdictions, as they may re¬ 
spect such lands, and the States which passed such 
grants are adjusted, the said grants or either of Art. ix, c . 3 . 
them being at the same time claimed to have orig¬ 
inated antecedent to such settlement of jurisdiction, 
shall, on the petition of either party to the con¬ 
gress of the United States, be finally determined, 
as near as may be, in the same manner as is before 
prescribed for deciding disputes respecting territorial 
jurisdiction between different States. 

Initiative.* 


Section 33. [“The United States, in Congress as- Meetings of con- 
sembled,” shall meet] on the first Monday in No- A rfv, 8 c. 1. 
vember, in each year. 

Section 34. [An action in the Interstate Court, Action in the in 
hereinbefore provided for shall be begun] when- 
ever the legislative or executive authority, or lawful 


* The provisions for Federal Government hereinbefore set 
forth have been those setting up the structure of government, 
providing it with governing agents, and prescribing the pow¬ 
ers to be exercised. It would now seem proper to notice the 



12 


ARTICLES OF CONFEDERATION 


Removal. 

Art. V, c. 1 . 


Mutual Covenants 

Art. III. 


Canada. 

Art. XI. 


Integrity of Terri¬ 
tory. 

Art. IX, c. 2 . 


agent of any State in controversy with another, 
shall present a petition to congress, stating the 
matter in question and praying for a hearing. 

Checks,f 

. Section jf. [Each State shall have the power] to 
recall its delegates or any of them, at anytime with¬ 
in the year, and to send others in their stead for the 
remainder of the year. 

ARTICLE III. 

STATE GOVERNMENT. 

Relation of States to Each Other. 

Section i. The said States hereby severally enter 
into a firm league of friendship with each other, for 
their common defense, the security of their liberties, 
and their mutual and general welfare, binding them¬ 
selves to assist each other against all force offered 
to, or attacks made upon them, or any of them, on 
account of religion, sovereignty, trade, or any other 
pretense whatever. 

Admission of New States. 

Section 2. Canada, acceding to this Confeder¬ 
ation, and joining in the measures of the United 
States, shall be admitted into, and entitled to all the 
advantages of this Union; but no other colony shall 
be admitted into the same, unless such admission 
be agreed to by nine States. 

Guaranties of States. 

Section j. 'No State shall be deprived of territory 
for the benefit of the United States. 

provisions made for setting the government in motion. It will 
be observed that very few provisions of this kind appear in 
the instrument under consideration. But if a broad view of 
the Constitution be taken, viz., that it includes all enactments 
providing for the structure and the exercise of powers of gov¬ 
ernment, it will be found that, in every case where an agency 
of government is established or a power granted, provision 
is made for setting that agency into operation—for initiating 
the exercise of the power. This, therefore, becomes an impor¬ 
tant category in the analysis of a constitution of government. 

f The special provisions made to prevent the excessive 
and arbitrary use of power after the machinery of government 
has been set in motion. 



AND PERPETUAL UNION 


3 


munities of Cit= 
izens. 

Art. IV. 


Section 4. No State shall be represented in congress Representation, 
by less than two, nor by more than seven members. Art - v 

Section 5. The better to secure and perpetuate 
mutual friendship and intercourse among the people 
of the different States in this Union, the free in- Privileges and im= 
habitants of each of these States, paupers, vaga¬ 
bonds, and fugitives from justice excepted, shall be 
entitled to all privileges and immunities of free 
citizens in the several States; and the people of 
each State shall have free ingress and egress to and 
from any other State, and shall enjoy therein all the 
privileges of trade and commerce subject to the 
same duties, impositions, and restrictions as the in¬ 
habitants thereof respectively; provided that such 
restrictions shall not extend so far as to prevent the 
removal of property imported into any State to 
any other State of which the owner is an inhabitant. 

Section 6. In case [any State be invested by 
pirates], vessels of war maybe fitted out for that 
occasion, and kept so long as the danger shall con¬ 
tinue, or until the “ United States, in Congress as¬ 
sembled/’ shall determine otherwise. 

Section 7. When land forces are raised by any 
State for the common defense, all officers of or 
under the rank of Colonel shall be appointed by the 
Legislature of each State respectively by whom 
such forces shall be raised, or in such manner as such 
State shall direct, and all vacancies shall be filled 
up by the State which first made the appointment. 

Section 8. The delegates of a State, or any of Reports to states, 
them, at his or their request, shall be furnished with 
a transcript of the journal [of “The United States, 
in Congress assembled”] except such parts as are 
above excepted, to lay before the Legislatures of 
the several States. 

Section 9. No treaty of commerce shall be made 
by the United States whereby the legislative power 
of the respective States shall be restrained from im¬ 
posing such imposts and duties on foreigner? as 
their own people are subjected to, or from prohibit¬ 
ing the exportation or importation of any species of 
goods or commodities whatever. 

" Section 10. If any person guilty of or charged 


Military: 

Navy. 

Art. VI, c. 5. 


Army. 
Art. VII. 


Art. IX, c. 7. 


Finance: 


Taxation. 
Art. IX. c. 1. 


4 


ARTICLES OF CONFEDERATION 


Extradition. 

Art. IV, c. 2. 


State Records. 
Art. VI, c. 3. 


Foreign Relations 


Ambassadors 
Art. VI, c. 1. 


Treaties. 
Art. VI, c. 2. 


Titles of Nobility. 

Art. VI, c. 3. 

Military. 

Equipment. 
Art. VI, c. 4. 


War. 

Art. VI, c. 5. 


with, treason, felony, or other high misdemeanor in 
any State shall flee from justice and be found in any 
of the United States, he shall, upon demand of the 
governor or executive power of the State from 
which he fled, be delivered up and removed to the 
State having jurisdiction of his offense. 

Section n. Full faith and credit shall be given in 
each of these States to the records, acts, and judicial 
proceedings of the courts and magistrates of every 
other State. 

Restrictions on States. 

Section 12. No State, without the consent of “the 
United States, in Congress assembled,” shall send 
any embassy to, or receive any embassy from, or 
enter into any conference, agreement, alliance, or 
treaty with any king, prince, or state. 

Section ij. No two or more States shall enter into 
any treaty, confederation, or alliance whatever be¬ 
tween them, without the consent of “ the United 
States, in Congress assembled,” specifying accur¬ 
ately the purposes for which the same is to be en¬ 
tered into, and how long it shall continue. 

Section 14. [No State shall grant any title of 
nobility]. 

Section 15. No vessel of war shall be kept up in 
time of peace by any State, except such number 
only as shall be deemed necessary by “the United 
States, in Congress assembled,” for the defense of 
such State or its trade, nor shall any body of forces 
be kept up by any State in time of peace, except 
such number only as, in the judgment of “the United 
States, in Congress assembled,” shall be deemed 
requisite to garrison the forts necessary for the de¬ 
fense of such State. 

Section 16. No State shall engage in any w r ar 
without the consent of “ the United States, in Con¬ 
gress assembled,” unless such State be actually in¬ 
vaded by enemies, or shall have received certain 
advice of a resolution being formed by some nation 
of Indians to invade such State, and the danger is 
so imminent as not to admit of a delay till “the 
United States, in Congress assembled,” can be con- 


AND PERPETUAL UNION 


15 


suited; nor shall any State grant commissions to 
any ships or vessels of war, nor letters of marque 
or reprisal, except it be after a declaration of war 
by “ the United States, in Congress assembled,” and 
then only against the kingdom or state, and the 
subjects thereof, against which war has been so de¬ 
clared, and under such regulations as shall be 
established by “the United States, in Congress as¬ 
sembled,” unless such State be infested by pirates. F inanc e. 

Section 17. No imposition, duties, or restriction imports and Duties, 
shall be laid by any State on the property of the 
United States or either of them. 

Section 18. No State shall lay any imposts or Tax Legislation, 
duties which may interfere with any stipulations in Art ' c ' 
treaties entered into by “the United States, in Con¬ 
gress assembled,” with any king, prince, or state, in 
pursuance of any treaties already proposed by con¬ 
gress to the courts of France and Spain. 

ARTICLE IV. 

RELATION OF FEDERAL AND STATE 
GOVERNMENTS. 

Section 1. Each State retains its sovereignty, free¬ 
dom, and independence, and every power, juris- Art - 11 
diction, and right, which is not by this Confeder¬ 
ation expressly delegated to the United States in 
Congress assembled. 

Section 2. Every State shall abide by the deter- Art. xm. 
minations of “the United States, in Congress assem¬ 
bled,” on all questions which by this Confederation 
are submitted to them. And the Articles of this 
Confederation shall be inviolably observed by every 
State, and the Union shall be perpetual. 

article v. 

AMENDMENT. 

[No] alteration [shall] at any time hereafter be Art. xm. 
made in any of [The Articles of Confederation] 
unless such alteration be agreed to [by “the United 
States, in congress assembled,”] and be afterwards 
confirmed by the Legislatures of every State. 


Indebtedness Un- 
der the Conti¬ 
nental Con¬ 
gress. 

Art. XII. 


Ratification. 

Art. XIII, c. 2. 


l6 ARTICLES OF CONFEDERATION 

ARTICLE VI. 

^SCHEDULE. 

Section i. All bills of credit emitted, moneys bor¬ 
rowed, and debts contracted by or under the author¬ 
ity of [the Continental] Congress, before the as¬ 
sembling of the United States, in pursuance of the 
present Confederation, shall be deemed and consid¬ 
ered as a charge against the United States, forpay- 
mentand satisfaction whereof the said United States 
and the public faith are hereby solemnly pledged. 

Section 2. And whereas it hath pleased the 
great Governor of the world to incline the hearts of 
the Legislatures we respectively represent in con¬ 
gress to approve of, and to authorize us to ratify, 
the said Articles of Confederation and perpetual 
Union, know ye, that we, the undersigned delegates, 
by virtue of the power and authority to us given for 
that purpose, do, by these presents, in the name and 
in behalf of our respective constituents, fully and 
entirely ratify and confirm each and every of the 
said Articles of Confederation and perpetual Union, 
and all and singular the matters and things therein 
contained. And we do further solemnly plight and 
engage the faith of our respective constituents, that 
they shall abide by the determinations of “the United 
States, in Congress assembled,” on all questions 
which by the said Confederation are submitted to 
them; and that the Articles thereof shall be invio¬ 
lably observed by the States we respectively repre¬ 
sent, and that the Union shall be perpetual. 

In witness whereof we have hereunto set our 
hands in congress. Done at Philadelphia in the 
State of Pennsylvania the ninth day of July in the 
year of our Lord one thousand seven hundred and 
seventy-eight and in the third year of the independ¬ 
ence of America. 

*The word “schedule” is a term that has come to be used 
to indicate all of the temporary provisions of a Constitution, or 
the clauses which it becomes necessary to insert as a means of 
getting from the old to the new form of government. 





THE 


CONSTITUTIONS ' 

RE=ARRANGED FOR CLASS STUDY 

BY 

FREDERICK A. CLEVELAND 

FELLOW OF POLITICAL SCIENCE, THE UNIVERSITY OF CHICAGO. 


There has been a growing tendency of late to 
make use of “ original sources ” in the study of 
government. Experience has demonstrated that 
the student is able to get a more correct knowl¬ 
edge of political institutions, is stimulated to 
better habits of thought, by observing the insti¬ 
tutions themselves than by relying entirely on 
the observations and general statements of an 
instructor or text writer. He thereby learns to 
make his own comparisons and to draw his own 
conclusions. But, in making the “ written con¬ 
stitutions ’’ a basis for study, much difficulty is 
experienced on account of the chaotic condition 
of these instruments. 

As a means of placing constitutional docu¬ 
ments before the student in an orderly way, the 
publication of these documents, re-arranged for 
class study, has been undertaken by us. The 
complete series includes the American Federal 
documents, the Constitutions of the American 
States, and the constutitions of the leading 
foreign nations, as follows : 

i. American Federal Documents. 


ci The Constitution of the United States. 


b. The Articles of Confederation. 


2. The American State Constitutions. 

a. Illinois. 

b. New York. 

r. Massachusetts and others. 


3. Foreign Constitutions. 

a. France. 

b. Germany. 

c. Switzerland. 


CORRESPONDENCE SOLICITED. 

Benj. H. Sanborn & Co., Publishers, 


BOSTON. 











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